The split of reason and the postcolonial backlash

Let’s not forget that 1492, one of the first landmarks of Modernity, was both the year of the conquest of the Americas and of the fall or of the Reconquista of Granada, both of inner and outer ethnic cleansing of the nation state; that the national state was a colonial state and is now a securitarian state, that colonialism was the very form of Western Modernity, that the French Revolution itself was colonial, that the leader of the first Black revolutionary independence movement, Toussaint Louverture (Haiti), died in a French prison though inspired by the French Revolution. - No-one has access to reason as whole: there is no such thing as the whole of Reason, or Reason as a whole, or the Totality of reason. Reason is patched up of disconnected bits and pieces that reside at different addresses

Implementasi Kebijakan Perlindungan Anak Berhadapan Dengan Hukum Di Lapas Kabupaten Klaten

Children are nation seed thus children rights must be protected like children in conflict with law. Problem usually faced by children in conflict with the law is a child must be placed with adult prisoner. The purpose of this research is to get visible image from realization of protection of children in conflict with the law at Klaten Region Prison. Method used in this research is qualitative by using Mazmanian and Sabatier theory. The result of this research is that the implementation of policy of protection of children in conflict with the law at Klaten Region Prison is not optimize yet because of within implementation of policy of protection of children in conflict with the law at Klaten Region Prison still face some problems like the lack of information access, education and teaching. Suggestion from the researcher is to review giving alternative assistance to children in conflict with law who is late in signing up as kejar paket C participant. Revering back cooperation agreement among prison and education institution in relation with education service. Socializing about the existence of children in conflict with law in IIb class prison so that assistance which is given do not have common characteristic

The Story of Ewing: Three Strikes Laws and the Limits of the Eighth Amendment Proportionality Review

In 1994 California enacted the nation\u27s harshest three strikes law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing Gary Ewing’s life, the crime that became his third strike, and each stage of his case. It describes all of the players and brings to life the oral argument and the Supreme Court’s opinion. This chapter also explores three questions: First, why did California law impose such a draconian sentence for such a minor offense? The chapter tells the story of the voter initiative that enacted the three strikes laws, the unsuccessful efforts to amend the law, and it describes the way the law has been enforced by California’s elected district attorneys and construed by its courts. Second, why wasn\u27t such a sentence prohibited by the cruel and unusual punishment clause? The chapter reviews the Supreme Court’s prior Eighth Amendment cases and analyzes the majority and dissenting opinions in Ewing. The chapter concludes with a discussion of the question what limits -- if any -- the Eighth Amendment imposes on the state\u27s authority to replace policies based on rehabilitation, retribution, and individualized sentencing with a policy that seeks to protect society by incapacitating recidivists

Healthier prisons: The role of a prison visitors' centre

Since the inception of the prison as a ‘setting’ for health promotion, there has been a focus on how the health of those men and women who spend ‘time inside’ can at least be maintained and if possible, enhanced, during their prison sentence. This paper presents findings from a mainly qualitative evaluation of a prison visitors' centre in the UK. It reports experiences of prisoners' families, prisoners, prison staff, the local community and the ways in which the visitors' centre has contributed positively to their health and well-being. In addition, key stakeholders were interviewed to ascertain the role this visitors' centre has in policy frameworks related to re-offending. The findings from this evaluation underscore how the visitors' centre improved the quality of visits, and contributed towards the maintenance of family ties through the help and support it provides for families and prisoners. The paper concludes by suggesting that visitors' centres are an essential part of a modern prison service helping to address the government's health inequalities agenda

The New Jim Crow

The mass incarceration of poor people of color represents a new American caste system that is the moral equivalent of Jim Crow. Today it is perfectly legal to discriminate against criminals in nearly all the ways it was once legal to discriminate against African Americans. The War on Drugs and the "get tough" movement explain the explosion in incarceration in the United States and the emergence of a vast, new racial undercaste in which the overwhelming majority of the increase in imprisonment has been poor people of color, with the most astonishing rates of incarceration found among black men

Investing in Tribal Governments: Case Studies From the American Recovery and Reinvestment Act

Describes examples of job creation in nine Native American communities as a result of the American Recovery and Reinvestment Act of 2009, including funding source, location, project, number of jobs created, and the reservation's unemployment rate

US Rates of Incarceration: A Global Perspective (FOCUS)

This fact sheet makes simple side-by-side comparisons of the most reliable and current statistics from around the world to illuminate the extreme use of incarceration in the United States

Turning the Corner on Mass Incarceration?

For the first time in forty years, the national incarceration rate is flattening out, even falling in state prisons. For the first time in three decades, the number of adults under any kind of correctional supervision—in prison or jail or on probation or parole—fell in 2009. At the same time, legal reforms that might have seemed impossible in prior years have increasingly been adopted, reducing penalties for certain crimes, eliminating mandatory sentencing for others, and increasing expenditures for reintegration of prisoners into society. And racial disparities, a persistent and deep-rooted problem in the American criminal justice system, after rising for decades, have begun to drop from their highest levels. This essay examines these trends and asks what might be done to accelerate them. I survey the reforms that states and Congress have adopted and look at the interplay of such reforms with the historic racial disparities that have characterized the criminal justice system. I then speculate about the forces that have contributed to these developments, including drops in crime rates, budget pressures, and, paradoxically, the war on terror. We still have a long way to go. If we are to reduce incarceration in any significant measure, it is essential that legislatures (1) authorize more non-incarceration responses to low-level crimes, especially drug offenses; (2) shorten sentences substantially for crimes generally, to bring them more in line with those of other industrialized nations; and (3) invest in inner-city communities where children face the biggest barriers to achieving law-abiding, productive careers. In the essay’s final section, I discuss strategies that might encourage such developments